BACKGROUND TO THE STUDY

Before the Portuguese colonists arrived at the beginning of the 19th century and gave the nation the moniker “Rio dos Cameroes” (River of Prawns), there was no such place as Cameroon. The Germano-Duala Treaty was signed in 1884, but it wasn’t until then that the area truly became a colony. Since then, it has had three separate colonial periods. Because of this, the historical evolution of land tenure in Cameroon may be compared quite favorably to the changes in colonial authorities and laws. In Cameroon’s historical beginnings and development, land tenure may be found prior to colonization, during (German, British, and French rule), and after colonialism.

Before colonization, the concept of private property tenure or land registration was generally unknown in Africa. Africans have a low regard for and apprehension for the land. In Amodu Tijani v. Secretary of Southern Nigeria, Viscount Haldane’s dicta stated that they thought land, air, and water were resources that they could exploit without restriction or appropriation. Additionally, they held the view that land was always the property of a village, a family, or a group. Without a better name, the chief or family head held these lands on behalf of the people and acted as a kind of trustee over them.

As the case Omagbemi v. Numa shows, the chief or family head was merely the custodian of the land and not its owner.In summary, even though some kind of traditional land tenure existed in Africa before colonialism, the idea of individual land tenure is a pure new.  Despite the fact that Cameroon had no clearly defined system of land tenure prior to colonization, the earliest methods of acquiring land were through conflict and early settlement. Three nations, Germany, Britain, and France, had major roles in the development of land tenure in Cameroon throughout the colonial era.  The land was initially colonized by the Germans. They weren’t in a rush to create an immediate system of land tenure after colonization; instead, they concentrated on buying as much land as they could from the Indians for next to nothing in exchange.  When they had enough land for population and trade but still required more for plantation agriculture, they realized Cameroon needed a comprehensive land legislation. The Kron Land Act of 1896 governed land tenure under German rule. This act’s main goal was to hand over area under native peoples’ control to the German government, i.e., German domination. This was a tactful and unopposed strategy to take over native country.  The idea of “herrenloss lands” as described in Article 1 of the Kronland Act was developed by the Germans in an effort to further legalize the confiscation of local land. According to this idea, all lands were declared terra nullus or herrenloss (Land without Masters), and as such, all lands belonged to the crown (German Government), aside from those occupied by leaders, communities, or those who formed property.

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